Published 1992-10-24
Keywords
- oil pollution,
- marine environment,
- marine pollution,
- MARPOL 73/78,
- IMO
- International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969,
- The Torrey Canyon,
- high seas,
- territorial sea,
- CLC 1969,
- strict liability,
- marine insurance,
- International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971,
- International Oil Pollution Compensation Fund,
- The Exxon Valdez,
- The Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution (TOVALOP),
- Contract Regarding an Interim Supplement to Tanker Liability for Oil Pollution 1971 (CRISTAL),
- limitation of liability,
- offshore jurisdiction,
- Protection of the Sea (Powers of Intervention) Act 1981 (Cth),
- Protection of the Sea (Civil Liability) Act 1981 (Cth),
- Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth),
- Navigation Act 1912,
- government regulation,
- Marine Pollution Act 1974 (NZ),
- P&I Club,
- HNS Convention 1996,
- actual fault or privity ...More
Abstract
In this paper, White concentrates on the legal aspects of marine pollution from oil spilled off the coasts of Australia and New Zealand, but also mentions other aspects of marine pollution. The three main areas of law which touch on this area are public international law (comprised mainly of international conventions), implementation of those conventions through legislation, and the legal rights and obligations arising from the cost of clean-up and claims for loss or damage.
White explains each of these three areas in turn to give a thorough sense of the relevant context. In terms of legislation, White considers both national and state and territory legislation, and evaluates how both Australia and New Zealand have implemented applicable conventions (and their potential for adequately responding to a disastrous oil spill).